Charter, Statutes & Bylaws
AT THE COURT AT WINDSOR CASTLE
The First Day of April, 1953
Present:
THE QUEEN’S MOST EXCELLENT MAJESTY IN COUNCIL
Whereas there was this day read at the Board a Report of a Committee of the Lords of Her Majesty’s Most Honourable Privy Council, dated the 24th day of March, 1953, in the words following viz:
‘Your MAJESTY having been pleased, by Your Order of the 4th day of September, 1952, to refer unto this Committee the humble Petition of the Warden of St Antony’s College, Oxford, and the Chairman of the St Antony Foundation Limited, praying for the grant of a Charter of Incorporation to St Antony’s College, Oxford, under the style and title of “The Warden and Fellows of St Antony’s College in the University of Oxford”.’
‘THE LORDS OF THE COMMITTEE, in obedience to your Majesty’s said Order of Reference, having taken the said Petition into consideration, and do this day agree humbly to report, as their opinion, to your Majesty, that a Charter may be granted by Your Majesty in terms of the Draft hereunto annexed.’
HER MAJESTY having taken into consideration the said Report, and the Draft Charter accompanying it, was pleased, by and with the advice of Her Privy Council, to approve thereof, and to order, as it is hereby ordered, that the Right Honourable Sir David Maxwell Fyfe, one of Her Majesty’s Principal Secretaries of State, do cause a Warrant to be prepared for Her Majesty’s Royal Signature, for passing under the Great Seal a Charter in conformity with the said Draft, which is hereunto annexed.
W.G. AGNEW 3
ELIZABETH THE SECOND by the grace of God, of Great Britain, Ireland and the British Dominions beyond the Seas Queen, Defender of the Faith.
To all to whom these Present shall come, Greeting.
WHEREAS a Petition has been presented to Us by Our trusty and well beloved Frederick William Dampier Deakin, Esquire, Warden of St Antony’s College, Oxford, and Our right trusty and well beloved Counsellor Sir David Patrick Maxwell Fyfe, Knight, one of Our Counsel learned in the Law and one of Our Principal Secretaries of State, Chairman of the St Antony Foundation Limited, praying Us to grant a Charter of Incorporation for the purpose of constituting them and their successors and such other persons as to Us might seem fitting a Corporation to be called ‘St Antony’s College in the University of Oxford’ with the object among others of acquiring and taking over the property and liabilities of the Association known as the St Antony Foundation Limited and of carrying on and developing its work under such regulations and with such powers as to Us might appear meet and expedient.
AND WHEREAS We have taken the said Petition into Our Royal consideration and are minded to accede thereto:
NOW THEREFORE KNOW YE that We, by virtue of Our Royal Prerogative in that behalf and of all other powers enabling Us so to do of Our special Grace, certain knowledge and mere motion have granted willed directed and ordained and by these Presents do for Us, Our Heirs and Successors grant will direct and ordain as follows:
(1) All such persons as are now or may hereafter become Members of the Body Corporate hereby constituted pursuant to the provisions of these Presents and the powers hereby granted, shall for ever hereafter be one Body Politic and Corporate by the name and style of ‘The Warden and Fellows of St Antony’s College in the University of Oxford’, (hereinafter referred to as the College), and by the same name shall have perpetual succession and a Common Seal, with power to break, alter and make anew the said Seal from time to time at their will and pleasure, and by the same name shall and may sue and be sued in all Courts and before all Justices of Us, Our Heirs and Successors.
(2) By the same name they shall have full power and capacity to present candidates for
matriculation by the University and to accept, acquire and hold any personal property whatsoever, and shall also, without any further authority, by virtue of this Our Charter, have full power and capacity to accept, acquire and hold any lands and hereditaments situated in Our United Kingdom of Great Britain and Northern Ireland or elsewhere, and they shall have full power to dispose of either by way of sale or lease, and to exchange, mortgage, charge, improve, manage, develop, turn to account or otherwise deal with all or any part of such property, real or personal, belonging to the College, upon such terms and in such manner as they shall see fit, and likewise to borrow, lend, give and accept guarantees and to accept mortgages, and also to do all other matters incidental or appertaining to a Body Corporate. They shall also have the power to apply the money of the College to the above purposes with power to invest as prescribed in the Statutes annexed to this Our Charter. Provided always that nothing in this Article shall be deemed to empower the College to dispose of, or deal, with its property in the manner above mentioned without first obtaining such consent as would otherwise be required by law.
(3) The College is hereby incorporated and shall be conducted with the following objects: 4
(a) To provide men and women who are members of the University of Oxford with a College wherein they may work for higher degrees in the University of Oxford or engage in academic research especially in the disciplines of the social sciences and the humanities and a range of other subject areas as approved by the Governing Body.
(b) To do all other such things as are incidental or conducive to advancing education and academic research in Oxford or elsewhere.
Provided always that the College shall not be deemed to be a body formed for the purpose of carrying on a business which has for its object the acquisition of gain either by itself or by the individual members thereof.
(4) The government of the College shall be vested entirely in the Governing Body of the College as defined in the Statutes annexed to this Our Charter who shall, subject to the provisions of this Our Charter, have full power to make and when made to alter the Statutes of the College, such alteration to be passed at a General Meeting of the Governing Body specially summoned for the purpose by the votes of not less than two-thirds of the number of persons present and voting; provided that no alteration of the Statutes shall have any force or effect it be repugnant to the provisions of this Our Charter or to the provisions of such Statutes of the University as may from time to time be made to govern the relation of the Colleges to the University, nor until it shall have been approved by Us, Our Heirs or Successors in Council under the provisions of the Universities of Oxford and Cambridge Act, 1923 or as amended from time to time.
(5) The first Statutes shall be those contained in the Schedule annexed hereto, and it is hereby declared that the same are valid and within the powers conferred by the fourth Article hereof and shall remain in force unless and until they shall be altered in manner herein before prescribed.
(6) The Governing Body of the College may from time to time repeal, amend or add to the provisions of this Our Charter and any Supplemental Charter by a Special Statute in that behalf, and such repeal, amendment or addition shall, when allowed by us, Our Heirs or Successors in Council, become effectual so that this Our Charter and any Supplemental Charter shall thenceforward continue and operate as though they had been originally granted and made as so repealed, amended or added to. This article shall apply to this Our Charter as repealed, amended or added to in manner aforesaid. A Special Statute is one passed at a Stated General Meeting held pursuant to the Statutes for the time being of the College and confirmed at a Meeting of the Governing Body specially summoned for the purpose not less than three or more than eight weeks later provided that on each occasion not less than two-thirds of the members present vote in favour of it.
(7) There shall be a Visitor of the College who shall be appointed in the manner prescribed by the Statutes for the time being of the College.
AND LASTLY We do by these Presents for Us and Our Successors grant and declare that these Our Letters shall be in all things valid and effectual in law according to the true intent and meaning thereof and shall be taken, construed and adjudged in the most favourable and beneficial sense for the best advantage of the College as well in Our Courts of Record as 5
elsewhere by all Judges, Justices, Officers, Ministers and other subjects whatsoever of Us and Our Successors any non-recital, mis-recital or other omission defect or thing to the contrary notwithstanding.
IN WITNESS whereof We have caused these Our Letter to be made Patent.
WITNESS Ourself at Westminster the eighteenth day of May in the second year of Our Reign.
BY WARRANT under the Queen’s Sign Manual
NAPIER
February 2011
ST ANTONY’S COLLEGE
STATUTES
Statute I – The College
Name
1. The College is a Body Corporate under the name of ‘The Warden and Fellows of St Antony’s College in the University of Oxford’.
Governing Body
2. The Governing Body of the College shall consist of the Warden and those Fellows elected by the Governing Body to be members of the Governing Body. Student representation on the Governing Body shall be as determined in the By-laws of the College.
Men and Women Members
3. Both men and women may be members of the College.
Aims
4 The College in fulfilling the Objects in its Charter aims to promote international understanding in a complex world.
Statute II – The Warden
Right to elect
1. The election of the Warden shall be invested in the members of the Governing Body of the College other than the Warden (in these Statutes referred to as the “electoral body”).
Election
2. The election of the Warden shall be conducted in the following manner:
(a) Not more than twenty-four months before the known retirement date (as detailed in the By-laws) of the incumbent Warden or on the occurrence of an unexpected vacancy in the office of Warden either immediately or by reason of his or her resignation, the Sub-Warden, or if the Sub-Warden is absent or ill, the Senior Fellow in terms of precedence, as defined in clause 5 of Statute III, shall inform all Fellows and shall forthwith call a preliminary meeting of the electoral body to elect a search committee and agree a timetable for the election of a new Warden.
(b) The Sub-Warden, or in his or her absence the Senior Fellow in terms of precedence shall preside over the election, and is referred to below as the Presiding Fellow. He or she shall preside at the preliminary meeting and immediately afterwards shall send notice of the day, hour, and place appointed for the meeting for the election to each member of the electoral body. The quorum for this preliminary meeting shall be 50 per cent of the electoral body, exclusive of those members who have been granted leave of absence from the College for any reason. In the event of the Sub-Warden and the Senior Fellow being unable or unwilling to act, the preliminary meeting shall elect a Presiding Fellow for the purpose of the election.
(c) At the meeting for the election, the quorum shall be two thirds of the membership of the electoral body, exclusive of those who have been granted a leave of absence from the College. The Presiding Fellow or, in his or her absence, the Senior Fellow present shall call upon Fellows to propose and second candidates for the office of Warden, and if there be more than one candidate proposed and seconded, a ballot of those present at the meeting shall be taken and the votes shall be counted by the Presiding Fellow and the Junior Fellow present. No person shall be elected Warden unless he or she has obtained an absolute majority of the votes of the electors present and voting. If on the first ballot no candidate shall obtain an absolute majority a fresh ballot shall be taken and this process shall be repeated as often as the electoral body may decide. At the election of a Warden the Presiding Fellow shall not have a casting vote in addition to his or her own vote. All ballots taken at the meeting of the electoral body shall be secret.
(d) It shall be lawful for the electoral body at any stage of the election to adjourn the meeting to such a time as it may think fit and to begin the process of election anew, but if a Warden shall not have been elected within a period of two months from the date of the first meeting of the electoral body, other than the preliminary meeting referred to in (a) of this clause, the decision between the candidates shall be made by the Visitor, and the candidate whom the Visitor shall choose shall be declared elected; provided that the Visitor may, if requested to do so by at least three-quarters of the electoral body, exclusive of those who have been granted a leave of absence from the College, authorize an extension of the period.
Residence
3. The Warden shall reside in the College for thirty-six weeks at least in each academic year, whereof six weeks at least shall be in each Full Term, provided that, in the case of the Warden’s sickness, or for any other reasonable cause, it shall be lawful for the Governing Body to dispense with the Warden’s residence for such a period as the case may appear to require. Such dispensation shall be reviewed at each Stated General Meeting.
Duties
4. (a) The Warden shall be the Head of the College and shall take precedence over all other members thereof. He or she shall promote the interests, activities and financial health of the College, and shall take measures to ensure that all proceedings within it are conducted in an orderly fashion. He or she shall superintend the management of the property and domestic arrangements of the College; the admission, academic progress and discipline of its students; and the appointment, conditions of service and discipline of its academic and non-academic staff.
(b) The Governing Body may give leave of absence to the Warden for the purposes of study or research or for other sufficient reasons upon such terms and conditions as the Governing Body may think fit.
Emoluments
5. The Warden shall receive an annual stipend, the amount to be recommended to the Governing Body by the Remuneration and Conflicts of Interest Committee, and he or she shall in addition be entitled to reimbursement of all such expenses as he or she incurs wholly or exclusively by reason of his or her tenure of the office and to the use of his or her lodgings free of rent, rates, council tax and all outgoings, all expenses necessary for their repair and upkeep being defrayed by the College.
6. At the recommendation to the Governing Body by the Remuneration and Conflicts of Interest Committee, the Warden may receive from the College such other benefits and allowances permitted by Appendix I of these Statutes.
Statute III – The Fellows
Classes of Fellowship
1. The Fellowships of the College shall be of the following two classes:
(a) Governing Body Fellowships are tenable by:
(i) Persons elected at the discretion of the Governing Body whose election shall not depend on their appointment to a University post.
(ii) The holders of established University Professorships and statutory University Readerships and by those who become Professors or Readers in a Recognition of Distinction exercise.
(iii) The holders of other Offices of the University who are declared eligible by any Statute or Decree of the University.
(iv) Persons who are appointed to a joint University and College post or who are appointed to a University post allocated to the College.
(b) Fellows who are not members of the Governing Body including:
(i) Research Fellowships (stipendiary or non-stipendiary).
(ii) Junior Research Fellowships (stipendiary or non-stipendiary).
(iii) Visiting Fellowships (stipendiary or non-stipendiary).
(iv) Associate Fellowships (stipendiary or non-stipendiary) tenable by persons not holding a post in the University of Oxford or in a College in the University.
(v) Emeritus Fellowships.
(vi) Honorary Fellowships.
(vii) Foundation Fellowships.
(viii) Such other classes of Fellows as may from time to time be designated by the Governing Body.
General Provisions
2. (a) The Governing Body may determine the number of Fellowships in any of the
aforesaid classes, as it deems fit.
(b) The Governing Body shall similarly determine, as it deems fit, the conditions on which Fellowships shall be held, subject to the provisions of clauses 3 and 4 of this Statute III and clause 2(e) of Statute V.
Remuneration of the Members of the Governing Body (excluding the Warden)
3. Governing Body Fellows may each receive an annual stipend, the amount to be recommended to the Governing Body by the Remuneration and Conflicts of Interest Committee.
4. Each member of the Governing Body (excluding the Warden) may receive from the College such other benefits and allowances permitted by Appendix II of these Statutes, as recommended to the Governing Body by the Remuneration and Conflicts of Interest Committee.
Precedence
5. Fellows who are eligible for membership of the Governing Body of the College shall rank and take precedence in the College according to the dates prescribed at their election for the commencement of their Fellowships.
External Appointments
6. No Fellow shall accept any paid office or engage in any occupation which in the opinion of the Governing Body interferes with proper discharge of his or her duties to the College.
Discipline
7. If a Fellow is alleged to be guilty of grave immorality or misconduct, or wilfully persists in disobeying any of the Statues or By-laws of the College in force for the time being, the disciplinary proceedings set forth in the By-laws may be instituted and, after there has been held a due inquiry, at which the Fellow shall be entitled to be heard in his or her own defence, the Fellow may, if the allegation is confirmed, be deprived of his or her Fellowship.
Subject to the provisions of Clause 7(a) of Statute XI, nothing in this clause shall apply to any member of the academic staff to whom statute XI applies.
Loans to Fellows
8. The College may loan money to any Fellow (including a member of the Governing Body) to assist a Fellow purchasing a property that is to be his main residence. The award of any loan from the College shall be at the recommendation of the Remuneration and Conflicts of Interest Committee and shall be on such conditions as the Governing Body shall determine.
Power to enter into Equity Sharing Arrangements
9. The College may enter into an arrangement to purchase property jointly with any Fellow (including a member of the Governing Body) to be held upon trust and intended for the accommodation of such Fellow (an “Equity Sharing Arrangement”). This power may be exercised on condition that:
(a) A declaration of trust detailing the rights of the College and the Fellow is entered into for each Equity Sharing Arrangement;
(b) The Fellow contributes at least 50% of the purchase price;
(c) No part of the College’s interest in the property is used as security for a loan;
(d) and The requirements of Section 36 of the Charities Act 1993 or as amended from time to time are complied with.
Statute IV – Students of the College
Admission
1. Persons shall be admitted to the College as Students in accordance with such policies and procedures as may from time to time be agreed by the Governing Body and in recognition of the wishes of the founding benefactor the College shall encourage persons of French nationality to go to the College.
No Religious, Political or Racial Test
2. No applicant for admission shall be subject to any religious, political, or racial test.
Discipline
3. Students shall be required to conform to such rules and regulations as to residence, use of College facilities, and conduct within the College and within the University as the Governing Body shall from time to time determine. Violations shall be dealt with by a disciplinary procedure as prescribed in the By-laws and may result in rustication for a fixed period or permanent expulsion from the College.
Right of Appeal
4. Any Student shall have the right of appeal against any oral or written warning given, or against any fine or penalty imposed, by the Dean or by a Disciplinary Committee, in accordance with procedures prescribed in the By-laws.
Statute V – The Governance of the College
Proceedings of the Governing Body
1. It shall be lawful for the Governing Body from time to time in a Stated General Meeting and in such manner as shall be consistent with the Charter of the College and these Statutes:
(a) To determine the procedures to be used in relation to the alteration of these Statutes pursuant to Article (4) of the Charter or the passing of a Special Statute under Article (6) of the Charter for the amendment of the Charter.
(b) To make, alter or revoke any By-laws relating to:
i the holding of Governing Body meetings and the proceedings thereat, including their frequency, duration, quorum, rules of debate and voting procedures;
ii committees to whom the Governing Body have delegated any of their functions under sub-clause 1(c) of Statute V;
iii the Remuneration and Conflicts of Interest Committee;
iv the criteria and procedural rules for the election of Fellows, of College Officers other than the Warden of the College and any Fellow to be elected under sub-clause 2(c) of Statute II to supervise the election of the Warden;
v the terms of office of and conditions of appointment of members of the Governing Body, of Fellows, of College Officers and of the Warden of the College;
vi the remuneration and benefits available to the Fellows (excluding members of the Governing Body) and College Officers;
vii the residence, instruction and discipline of Students;
viii the admission, residence, discipline, studies and instructions of its members;
ix the setting of terms and conditions for the employment of academic and other staff of the College; and
x the academic, social, financial and administrative affairs of the College and such other aspects of the government and management of the College as the Governing Body may from time to time think fit;
The Governing Body may also provide for the enforcement of such By-laws by such penalties as it shall think fit.
(c) The Governing Body may delegate any of their functions to committees (other than the Remuneration and Conflicts of Interest Committee) consisting of two or more individuals appointed by them, but at least two members of every committee shall be a member of the Governing Body and all proceedings of committees must be reported promptly to the Governing Body.
Meetings of the Governing Body
2. (a) The Warden, or, in his or her absence, the Sub-Warden, or, in the absence of both,
the Senior Fellow present, shall chair all meetings of the Governing Body. The
chairperson shall always have a casting vote in addition to his or her own vote
except in so far as is provided otherwise in these Statutes.
(b) Every Fellow who is a member of the Governing Body shall, unless prevented by illness or some other sufficient cause, attend every meeting of the Governing Body and, subject to sub-clause 2(e) of this Statute V, may vote on any resolution put to the meeting.
(c) Except where otherwise specified in these Statutes, questions arising at any meeting of the Governing Body shall be determined by a majority of the votes of those present and voting. However, if the Warden, Sub-Warden or other Fellow chairing the meeting judges, after due discussion, that a particular question enjoys overwhelming support in the Governing Body, he or she may ask whether any Fellow wishes that a vote be taken, and if no Fellow so wishes, the Governing Body shall be deemed to have determined the question without a formal vote.
(d) No business shall be transacted except at a meeting where the quorum specified in the relevant By-law is satisfied.
(e) Whenever a member of the Governing Body has a personal interest, as defined in sub-clause 2(f) of this Statute V, in a matter to be discussed at a meeting of the Governing Body the member concerned must:
(i) declare an interest before discussion begins on the matter;
(ii) withdraw from the meeting for that item unless expressly invited to remain in order to provide information;
(iii) not be counted in the quorum for that part of the meeting; and
(iv) withdraw during the vote and have no vote on the matter.
(f) A personal interest is an interest in which a member of the Governing Body has a direct personal pecuniary interest in the outcome of a decision.
Common Seal and Muniments
3. (a) The Governing Body may from time to time in Stated General Meeting make and
vary regulations respecting the custody and use of the Muniments and Common
Seal of the College.
(b) The Seal of the College shall not be affixed to any act or document except in the presence of at least two Governing Body Fellows, one of whom shall be the Warden, Sub-Warden or Bursar.
Remuneration and Conflicts of Interest committee
4 (a) There shall be a Remuneration and Conflicts of Interest Committee consisting of Emeritus Fellows. The Remuneration and Conflicts of Interest Committee shall be responsible for making recommendations to the Governing Body about:
(i) The Annual stipend of each member of the Governing Body, including the Warden;
(ii) The benefits and allowances provided to the Warden by the College, in accordance with clause 6 of Statute II;
(iii) The benefits and allowances provided to each member of the Governing Body (excluding the Warden), in accordance with clause 4 of Statute III; and
(iv) Such other matters referred to it by the Governing Body,
and shall operate in accordance with the By-laws and any regulations imposed on it by the Governing Body.
(b) There shall be no less than three Emeritus Fellows on the Remuneration and Conflicts of Interest Committee, and each member of the Remuneration and Conflicts of Interest Committee shall be appointed by the Governing Body and may at any time be removed by the Governing Body.
Payments to Connected Persons
5. (a) A person may receive a stipend and other allowances and benefits, notwithstanding that they are a connected person, as defined in clause 5(b) of this Statute, for services provided to the College as an employee or otherwise or to a wholly owned subsidiary of the College notwithstanding that he or she is a connected person and the remuneration might result in that person obtaining any benefit provided that:
(i) the amount or maximum amount of the remuneration and any benefit is set out in an agreement in writing between the connected person and the College, under which that connected person is to provide the services in question; and
(ii) before entering into that agreement, the Governing Body decide that they were satisfied that it would be in the best interests of the College for the services to be provided by the connected person for the amount or maximum amount of remuneration and or benefits set out in the agreement.
(b) A “connected person” is:
(i) The spouse or partner of a member of the governing body (including where a couple are unmarried but live together);
(ii) The child, stepchild, parent, grandchild, grandparent, brother or sister of a member of the Governing Body;
(iii) A business partner to any of the above or to a member of the Governing Body;
(v) Any institution controlled by a person that is or any two persons that are a member of the Governing Body or a person mentioned above; and
(vi) any company in which a member of the Governing Body or any of the persons mentioned above (either individually or between two or more persons) have shares with a nominal value of a fifth (or more) of the share capital; or control a fifth (or more) of the voting power at a general meeting.
Statute VI – Officers of the College
Appointment
1. The Officers of the College shall be appointed by the Governing Body at a Stated General Meeting. They shall be a Sub-Warden, a Bursar, and such other Officers as the Governing Body shall at any Stated General Meeting from time to time resolve to be necessary for the business of the College.
Powers and Duties
2. The powers and duties of any College Office and the tenure, stipends, allowances and any such other benefits of the holder of any such Office shall be determined (subject to Statute XI) from time to time by the Governing Body at a Stated General Meeting.
Statute VII – Form and Audit of College Accounts
Accounts
1. The Governing Body shall cause proper Books of Accounts to be kept.
Audit and Auditors
2. The College Accounts shall be audited once at least in every year. The Governing Body shall appoint for that purpose an Auditor. who shall be a member of a body of accountants established in England and Wales and for the time being recognised for the purposes of Section 1239 of the Companies Act 2006 or as amended from time to time by the Secretary of State for Business, Innovation and Skills or his or her successor. The Auditor shall report in writing to the Governing Body whether the accounts of the College are duly kept in proper books of accounts in conformity with the provisions of this Statute.
Communication to the Registrar
3. The Governing Body shall in every year cause to be prepared and delivered to the Registrar of the University for publication such information relating to the accounts of the College as may be prescribed from time to time by any Statute or Regulation of the University made or to be made under the powers of the Universities of Oxford and Cambridge Act, 1923 or as amended from time to time. .
Statute VIII – Powers of Investment
Powers
1. Any funds of the College which require investment other than funds which are held on any specific trust may be invested by the Governing Body upon or in such securities, shares, stocks, funds, or other investments (including land) in any part of the world and whether involving liability or not as members of the Governing Body shall in their absolute discretion think fit so the Governing Body shall be be empowered to invest and transpose the investments of such funds in the same unrestricted manner as if they were the beneficial owners thereof.
Delegation of Investment Powers
2. The College may delegate upon such terms and with such remuneration as it shall think fit to a suitably qualified Investment Manager, of at least ten years experience, the exercise of the power of investment contained in clause 1 of this Statute provided that:
(a) A person:
i. shows to the reasonable belief of the Governing Body that person is qualified to act by his or her ability in and practical experience of financial and other matters relating to the proposed investment; or
ii. is entitled to carry on investment business under the provisions of the Financial Services and Markets Act 2000 or any statutory modification or re-enactment of the same.
(b) the Governing Body shall authorise the Investment Managers to exercise such delegated power as aforesaid only within written investment policy guidelines laid down from time to time by the Governing Body;
(c) the Investment Managers shall be under a duty to report promptly to the College any exercise of the power delegated aforesaid and to report all transactions to the College and to report on the performance of any investments managed by them at intervals of no more than 3 months;
(d) the Governing Body shall at all times be free forthwith to review alter or determine such delegation and the terms thereof;
(e) the Governing Body shall review such delegation at intervals not (in the absence of special reasons) exceeding 12 months but so that any failure by the Governing Body to undertake such review within the said period of 12 months shall not invalidate the delegation; and
(f) the terms of appointment of any Investment Manager are in writing and include the matters specified in the By-laws.
3. The College may delegate to an Investment Manager appointed and acting in accordance with this Statute power at his or her discretion (but always in accordance with this Statute and the terms of his or her appointment) to buy and sell investments held on behalf of the College; and such delegation may permit those investments to be held by a nominee.
4. The College shall take reasonable steps to satisfy itself when making any such appointment that its terms are in accordance with best practice at the relevant time and that (in particular) the reporting and accounting procedures are sufficient to ensure that the College always has adequate information as to and appropriate control over the investments and funds (or other assets of whatever nature) to which the appointment relates.
5. The College Seal shall not be affixed to any document by the Investment Manager and this Statute shall not affect clause 3 of Statute V.
Statute IX – Disposal of Revenues
Contributions for University Purposes
1. The application of the revenues of the College under the provisions and to the purposes of these Statutes shall be subject to any Statute or Statutes made for the University under the powers of the Universities of Oxford and Cambridge Act, 1877, and the Universities of Oxford and Cambridge Act, 1923 or as amended from time to time, for enabling or requiring the colleges to make contributions out of their revenues for University purposes and for the payment of charges imposed thereby provided that regard always be had in the first place to the needs of the College itself for educational and other collegiate purposes.
Expenditure powers
2. Clause 4 of this Statute shall apply to:
(a) All funds and endowments of the College which are not held on any specific trust; and
(b) Any endowment, benefaction or trust for purposes connected with the College:
(i) of which the Trustee has consented to the provisions of this Statute; or
(ii) which was created by an instrument where not less than sixty years have elapsed since the endowment, benefaction or trust came into operation.
3. In clause 4 of this Statute:
(a) “investment return” means the return from investments and includes:
(i) interest receivable, any net rent and other income or gains derived from the use or exploitation of assets, any dividend and all forms of capital gain resulting on, or from, the disposal, redemption, or revaluation of investment assets (including the issue or repayment of share or loan capital); less
(ii) any capital losses resulting on or from the disposal, redemption, or revaluation of investment assets.
(b) “total return” means the whole of the investment return received by the College, regardless of when it has arisen.
(c) “unapplied total return” means the total return less any part of the return which the Governing Body have previously applied for the purposes of the College, or have previously allocated to the College for application for the purposes of the College.
4. The Governing Body may appropriate for expenditure so much of the particular fund or endowment as it considers to be prudent in all the circumstances having regard to:
(a) the total return achieved and reasonably to be expected in the long term of the funds to which this Statute applies; and
(b) the unapplied total return.
Statute X – The Visitor
Visitor
1. The Visitor of the College shall be the Crown.
Visitation
2. It shall be lawful for the Visitor, once in every five years (or oftener, if and whenever it shall appear expedient for enforcing the due observance of the Statutes in force for the time being to do so), without any request or application from the Governing Body, or from any member of the College, to visit the College, and to exercise at such visitation all the powers which are by law incident to the office of General Visitor of a College, any Statute or usage of the College to the contrary notwithstanding. The Governing Body shall, so often as required to do so, answer in writing about any matter as to which the Visitor may deem it expedient to enquire, for the purpose of ascertaining whether the Statutes in force for the time being are duly observed.
Construction of Statutes
3. As often as any question shall arise on which the Governing Body shall be unable to agree, depending wholly or in part on the construction of any of the Statutes of the College, it shall be lawful for the Governing Body, or for the Warden, or for any three of the Fellows, to submit the same to the Visitor; and it shall be lawful for him or her to declare what is the true construction of such Statute or Statutes with reference to the case submitted to him or her.
Appeals
4. It shall be lawful for the Warden if he or she shall conceive himself or herself aggrieved by any act or decision of the Governing Body, and for any Fellow if he or she shall conceive himself or herself aggrieved by any act or decision of the Warden or of the Governing Body to appeal against such act, or decision, to the Visitor, and it shall be lawful for the Visitor to adjudicate on such appeal (except any appeal relating to a member of the staff to whom Statute XI applies which concerns the member’s appointment or employment or the termination of that appointment or employment), and to confirm, annul or vary the act or decision as he or she shall deem just.
Annulling of By-laws
5. It shall be lawful for the Visitor, on either of his or her own motion or on the complaint of the Warden, or of any three or more members of the Governing Body to disallow and annul any By-law (except any By-law made under or having effect for the purposes of Statute XI) or decision of the Governing Body which shall, in his or her judgment, be repugnant to any of the Statutes of the College in force for the time being.
Irregularities and Omissions
6. The Visitor shall have power at any time at his or her discretion, on the application or request in writing of the Warden and any three of the Fellows, to make valid and confirm anything done that might be done under the Statutes for the time being of the College, but which by reason of any irregularity or omission or other matter whatsoever preliminary thereto or connected therewith may be invalid or of doubtful validity, provided that in the judgement of the Visitor such irregularity or omission or other matter is not of substantial importance with reference to the thing proposed to be made valid or confirmed.
Binding Force of Visitor’s Decisions
7. Any decision given by the Visitor under these Statutes shall be binding on the College and on the Warden and every Fellow thereof and on every person affected by the Statutes of the College.
Statute XI – Academic Staff
Part I Construction Application and Interpretation
1. This Statute and any By-law made under this Statute shall be construed in every case to give effect to the following guiding principles, that is to say:
(a) to ensure that members of the academic staff of the College have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or privileges;
(b) to enable the College to provide education, to promote learning, and to engage in research efficiently and economically; and
(c) to apply the principles of justice and fairness.
2. No provision in Part II, Part III, Part IV or Part VII of this Statute shall enable any member of the academic staff to be dismissed unless the reason for the dismissal may in the circumstances (including the size and administrative resources of the College) reasonably be treated as a sufficient reason for dismissal.
3. (a) This Statute shall apply –
(i) to any person holding a College Office designated by the Governing Body as one to which this Statute applies;
(ii) to any person employed by the College to carry out teaching or research save for those holding appointments which have been excluded by the Governing Body from the scope of this Statute on the ground that the duties in that regard are only of a limited nature; and
(iii) to the Warden, to the extent and in the manner set out in Part VII of this Statute.
(b) In this Statute any reference to “a member of the academic staff” is a reference to a person to whom this Statute applies.
4. In this Statute “dismiss” and “dismissal” mean dismissal of a member of the academic staff and –
(a) include remove or, as the case may be, removal from office; and
(b) in relation to employment under a contract, shall have the same meaning as in Section 95 of the Employment Rights Act 1996 or as amended from time to time.
5. (a) For the purposes of this Statute “good cause” in relation to the dismissal or removal from office or place of a member of the academic staff, being in any case a reason which is related to conduct or to capability or qualifications for performing work of the kind which the member of the academic staff concerned was appointed or employed to do, means –
(i) conviction for an offence which may be deemed by a Disciplinary committee appointed under Part III of this Statute to be such as to render the person convicted unfit for the performance of the duties of the office or employment as a member of the academic staff; or
(ii) conduct of an immoral, scandalous or disgraceful nature incompatible with the duties of the office or employment; or
(iii) conduct constituting failure or persistent refusal or neglect or inability to perform the duties or comply with the conditions of office or employment; or
(iv) wilful disruption of the activities of the College; or
(v) wilful disobedience of any of the Statutes or By-laws of the College in force for the time being; or
(vi) physical or mental incapacity established under Part IV of this Statute.
(b) In this clause –
(i) “capability”, in relation to such a member, means capability assessed by reference to skill, aptitude, health or any other physical or mental quality; and
(ii) “qualifications”, in relation to such a member, means any degree, diploma or other academic, technical or professional qualification relevant to the office or position held by that member.
6. For the purposes of this Statute dismissal shall be taken to be a dismissal by reason of redundancy if it is attributable wholly or mainly to:
(a) the fact that the College has ceased, or intends to cease, to carry on the activity for the purposes of which the person concerned was appointed or employed or has ceased, or intends to cease, to carry on that activity in the place in which the person concerned worked; or
(b) the fact that the requirements of that activity for members of the academic staff of the College to carry out work of a particular kind in that place have ceased or diminished or are expected to cease or diminish.
7. (a) In any case of conflict, the provisions of this Statute shall prevail over those of any other Statute of the College in force on the date on which the instrument making these modifications was approved under subsection (9) of section 204 of the Education Reform Act 1988 or as amended from time to time, and over those of any By-law, and the provisions of any By-law made under this Statute shall prevail over those of any By-law made under such other Statutes:
Provided that Part III, Part IV and Part VII of this Statute shall not apply in relation to anything done or omitted to be done before the date on which the instrument making these modifications was approved under subsection (9) of section 204 of the Education Reform Act 1988 or as amended from time to time.
Provided also that disciplinary proceedings in relation to anything done or omitted to be done before that date may continue or be instituted after that date under the relevant College Statutes in force before that date.
(b) Nothing in any appointment made, or contract entered into, shall be construed as overriding or excluding any provision made by this Statute concerning the dismissal of a member of the academic staff of the College by reason of redundancy or for good cause:
Provided that this shall not invalidate any waiver made under section 197 of the Employment Rights Act, any compromise agreement under section 203 of the Employment Rights Act 1996 or as amended from time to time, or any similar waiver or agreement permitted by law.
(c) Nothing in any other Statute shall enable the Governing Body to delegate its power to reach a decision under clause 10(b) of this Statute.
(d) For the avoidance of doubt it is hereby declared that nothing in Part III of this Statute shall be construed as affecting the Statutes and By-laws of the College concerning re-election on the expiry of a fixed term of a Fellowship.
(e) In any case where an officer of the College or any person is designated to perform any duties or exercise any powers under this Statute, and that officer or person is himself involved in the matter in question, the Governing Body may appoint an alternate to act in his or her place under procedures prescribed by By-laws made under this Statute.
(f) No one shall sit as a member of any of the bodies established under this Statute, and no one shall be present at a meeting of such body when the body is considering its decision or discussing a point of procedure, except as provided by this Statute or by By-laws made under this Statute.
(g) In this Statute references to numbered Parts, clauses, and sub-clauses are references to Parts, clauses, and sub-clauses so numbered in this Statute.
Part II Redundancy
8. This Part enables the Governing Body, as the appropriate body, to dismiss any member of the academic staff by reason of redundancy.
9. (a) Nothing in this Part shall prejudice, alter or affect any rights, powers or duties of the College or apply in relation to a person unless –
(i) his or her appointment is made, or his or her contract of employment is entered into, on or after 20th November 1987; or
(ii) he or she is promoted on or after that date.
(b) For the purposes of this clause in relation to a person, a reference to an appointment made or a contract entered into on or after 20th November 1987 or to promotion on or after that date shall be construed in accordance with subsections (3) to (6) of section 204 of the Education Reform Act 1988 or as amended from time to time.
10. (a) The Governing Body shall be the appropriate body for the purposes of this Part.
(b) This clause applies where the Governing Body has decided that there should be a reduction in the academic staff –
(i) of the College as a whole; or
(ii) of any area of academic work within the College by way of redundancy.
11. (a) Where the Governing Body has reached a decision under clause 10(b) of this Statute –
(i) it may itself decide to select the requisite members of the academic staff for dismissal by reason of redundancy if such a course satisfies the guiding principles set out in clause 1 of this Statute; or
(ii) it shall appoint a Redundancy Committee to be constituted in accordance with sub-clause (c) of this clause to give effect to its decision by such date as it may specify and for that purpose
(A) to select and recommend the requisite members of the academic staff for dismissal by reason of redundancy; and
(B) to report their recommendations to the Governing Body.
(b) The Governing Body shall either approve any selection recommendation made under sub-clause (a) (ii) (A) of this clause, or shall remit it to the Redundancy Committee for further consideration in accordance with its further directions.
(c) A Redundancy Committee appointed by the Governing Body shall comprise –
(i) a Chairperson; and
(ii) two members chosen from amongst members of the Governing Body to whom this Statute does not apply; and
(iii) two members chosen from amongst members of the Governing Body to whom this Statute applies.
(d) A member of the academic staff shall not be selected for dismissal under this clause unless he or she has been afforded a reasonable opportunity to make representations to the Governing Body.
12. (a) Where the Governing Body has either itself made a selection or has approved a selection recommendation made by the Redundancy Committee under clause 11 (a) of this Statute it may authorise an officer of the College as its delegate to dismiss any member of the academic staff so selected.
(b) Each member of the academic staff selected shall be given separate notice of the selection approved by the Governing Body.
(c) Each separate notice shall sufficiently identify the circumstances which have satisfied the Governing Body that the intended dismissal is reasonable and in particular shall include –
(i) a summary of the action taken by the Governing Body under this Part;
(ii) an account of the selection processes it has used;
(iii) a reference to the rights of the person notified to appeal against the notice and to the time within which any such appeal is to be lodged under Part V of this Statute; and
(iv) a statement as to when the intended dismissal is to take effect.
Part III Discipline, Dismissal and Removal from Office
13. (a) If the conduct or performance of a member of the academic staff does not meet acceptable standards, but does not constitute sufficient cause for dismissal, an oral warning may be given by the Warden who shall keep a note of the matter. The member of the academic staff concerned shall be informed of the reason for the warning; that it constitutes the first stage of the disciplinary procedure; and that a right of appeal exists under this clause. An oral warning shall be disregarded for disciplinary purposes after 12 months.
(b) If the offence is a serious one, or if a further offence occurs, a written warning may be given by the Warden, who shall keep a copy of the warning. The member of the academic staff concerned shall be informed of the reason for the warning; the improvement required and the time within which that must be achieved; that charges may be instituted under clause 14 of this Statute if there is no satisfactory improvement; and that a right of appeal exists under this clause. A written warning shall be disregarded for disciplinary purposes after 2 years.
(c) A member of the academic staff who wishes to appeal against a disciplinary warning given under this clause shall inform the Warden within two weeks. A Grievance Committee appointed under Part VI of this Statute shall hear the appeal and the Committee’s decision shall be final.
14. (a) If there has been no satisfactory improvement following a written warning given in clause 13 (b) of this Statute, or in any case where it is alleged that conduct or performance may constitute good cause for dismissal or removal from office, a complaint seeking the institution of charges to be heard by a Disciplinary Committee appointed under clause 15 of this Statute may be made to the Warden.
(b) To enable the Warden to deal fairly with any complaint brought to his or her attention under sub-clause (a) of this clause he or she shall institute such enquiries (if any) as appear to him or her to be necessary.
(c) If it appears to the Warden (whether on receipt of a complaint or otherwise) that there are grounds for believing that the conduct or performance of a member of the academic staff could constitute good cause for dismissal, he or she shall write to the person concerned inviting comment in writing and may if he or she considers that the College might otherwise suffer significant harm, suspend the person concerned from the performance of his or her duties without loss of emoluments.
(d) As soon as may be following receipt of the comments (if any) or in any event not later than 28 days after they were invited the Warden shall consider the matter in the light of all the available material and may dismiss the matter summarily, or issue an oral or written warning to the person charged, or determine that the matter be considered by a Disciplinary Committee appointed under clause 15 of this Statute.
15. If the Warden has determined that the matter is to be considered by a Disciplinary Committee, he or she shall request the Governing Body to appoint such a committee to hear the charge or charges and to determine whether the conduct or performance of the person charged constitutes good cause for dismissal or otherwise constitutes a serious complaint relating to his or her appointment or employment, and to make recommendations concerning the action (if any) to be taken as a result of the Committee’s findings. Pending the consideration of such recommendations, the Warden, after consulting the Governing Body, may suspend the person charged from the performance of his or her duties without loss of emoluments.
16. (a) A Disciplinary Committee shall consist of three persons selected by the Governing Body from a panel of seven persons appointed annually by the Governing Body.
The members of the panel shall be members of Governing Body, Honorary Fellows or Emeritus Fellows of the College.
(b) In selecting members of the panel for appointment as members of a Disciplinary Committee, the Governing Body shall exclude the person charged, and any person who has been involved in or associated with the making of the complaint or any part of it, or who has been involved in any preliminary hearing or investigation.
17. (a) When a Disciplinary Committee has been appointed, the Governing Body shall instruct a suitable person to formulate the charge or charges and to present, or arrange for the presentation of, the charges before the Disciplinary Committee.
(b) It shall be the duty of the person formulating the charge or charges
(i) to forward the charge or charges to the Committee and to the member of the academic staff concerned, together with the other documents therein specified and a list of all witnesses the College proposes to call, with statements containing the evidence they are expected to give; and
(ii) to make any necessary administrative arrangements for the summoning of witnesses, the production of documents and generally for the proper presentation of the case before the Committee.
18. The procedure to be followed in respect of the preparation, hearing, and determination of charges by a Disciplinary Committee shall be prescribed by By-laws made under this Statute. Such By-laws shall ensure:
(a) that the person charged is entitled to be represented by another person, whether such person is legally qualified or not, in connection with and at any hearing by a Disciplinary Committee;
(b) that a charge shall not be determined without an oral hearing at which the person charged and any person appointed to represent him or her are entitled to be present;
(c) that witnesses may be called, both on behalf of the person charged and by the person presenting the charge, and may be questioned concerning any relevant evidence;
(d) that no new witness or documentary evidence may be introduced by the person presenting the charge without the Committee’s consent, which shall not be given save for good reason, and that if late introduction is allowed, the member of the academic staff shall be allowed an adjournment sufficient to allow him or her to consider and respond to the new evidence; and
(e) that any charge is heard and determined as expeditiously as is reasonably practicable.
19. (a) The Disciplinary Committee shall send its decision on any charge referred to it (together with its findings of fact and the reasons for its decision regarding that charge and its recommendations, if any, as to the appropriate penalty) to the
Warden, the person charged, the person presenting the charge and any person who shall have been added as a party by the Disciplinary Committee.
(b) A Disciplinary Committee shall draw attention to the period of time within which any appeal should be made by ensuring that a copy of Part V of this Statute accompanies each copy of its decision sent to a party to the proceedings under this clause.
20. (a) Where any charge or charges are upheld and the Disciplinary Committee finds good cause and recommends dismissal or removal from office, but in no other case, the Warden shall consult the Governing Body and shall decide whether or not to dismiss the person concerned. If the Warden decides to accept the Disciplinary Committee’s recommendation, he or she may forthwith dismiss that person.
(b) Where any charge or charges are upheld, other than where the Warden has decided under sub-clause (a) of this clause to dismiss the person concerned, the action available to the Warden, after consulting the Governing Body, which shall not constitute a greater penalty than that recommended by the Disciplinary Committee) shall be –
(i) to discuss the issues raised with the person concerned; or
(ii) to advise the person concerned about his or her future conduct; or
(iii) to warn the Person concerned; or
(iv) to suspend the person concerned for such period as the Warden shall think fair and reasonable, provided that the suspension shall not extend beyond 3 months after the date on which the Governing Body shall have considered the Disciplinary Committee’s decision, provided that no suspension without pay may be ordered unless the terms of the contract of employment of the person concerned contains provisions expressly entitling the Warden to impose such a penalty; or
(v) to take such further or other action under the contract of employment of the person concerned as appears fair and reasonable in all the circumstances of the case; or
(vi) any combination of any of the above.
21. (a) The Warden shall be the appropriate officer to exercise the powers conferred by clause 20 of this Statute but he or she may appoint a delegate to exercise those powers.
(b) Any action taken by the Warden or his or her delegate shall be confirmed in writing and notified to the Governing Body.
Part IV Removal for Incapacity on Medical Grounds
22. (a) This Part makes separate provision for the assessment of incapacity on medical grounds as a good cause for dismissal or removal from office.
(b) In this Part references to medical grounds are references to capability assessed by reference to health or any other physical or mental quality.
(c) In this Part the Warden shall be the appropriate officer to perform any duties or exercise any powers, but the Warden may appoint a delegate to act on his or her behalf.
(d) In this Part references to the member of the academic staff for the purposes of notification, giving consent, agreement, nomination or providing evidence include, in cases where the nature of the alleged disability so requires, a responsible relative or friend or other person with authority to act on behalf of that member in addition to (or instead of) that member.
23. (a) Where it appears to the Warden that the removal of a member of the academic staff on medical grounds should be considered, the Warden –
(i) shall inform the member accordingly;
(ii) may, if the member agrees or if the Warden considers that the College might otherwise suffer significant harm, suspend the member from duty without loss of pay; and
(iii) shall notify the member in writing that it is proposed to make an application to the member’s medical practitioner for a medical report and shall seek the member’s consent in writing in accordance with the requirements of the Access to Medical Reports Act 1988 or as amended from time to time.
(b) If the member elects to apply for early retirement on medical grounds he or she shall be allowed to do so and the College shall meet the reasonable costs of any medical opinion required.
(c) If the member does not elect to apply for early retirement on medical grounds the Warden shall refer the case in confidence, with any medical and other evidence (including any such evidence submitted by the member), to a Medical Board comprising one person nominated by the Governing Body; one person nominated by the member concerned or, in default of the latter nomination, by the Warden; and a medically qualified chairperson jointly agreed by the Governing Body and the member or, in default of agreement, to be nominated by the President of the Royal College of Physicians.
(d) The procedure to be followed in respect of the preparation, hearing, and determination of a case by a Board under this Part shall be prescribed by By-laws made under this sub-clause. Such By-laws shall ensure:
(i) that the member concerned is entitled to be represented by another person, whether such person is legally qualified or not, in connection with and at any hearing by the Board;
(ii) that a case shall not be determined without an oral hearing at which the person charged and any person appointed to represent him or her are entitled to be present;
(iii) that witnesses may be called and may be questioned concerning any relevant evidence; and
(iv) that the case is heard and determined as expeditiously as is reasonably practicable.
(e) The Board may require the member concerned to undergo medical examination at the College’s expense.
24. (a) If the Board determines that the member should be required to retire on medical grounds, the Warden shall consult the Governing Body, and may terminate the employment of the member concerned on those medical grounds.
(b) Any action taken by the Warden shall be confirmed in writing and notified to the Governing Body.
Part V: Appeals
25. This Part establishes procedures for hearing and determining appeals by members of the academic staff who are dismissed or under notice of dismissal or who are otherwise disciplined.
26. (a) This Part applies –
(i) to appeals against the decisions of the Governing Body to dismiss in the exercise of its powers under Part II of this Statute;
(ii) to appeals arising in any proceedings, or out of any decision reached, under Part III of this Statute other than appeals against disciplinary warnings under clause 13 of this Statute;
(iii) to appeals against any dismissal otherwise than in pursuance of Part II or Part III of this Statute;
(iv) to appeals against any disciplinary decision otherwise than in pursuance of Part III of this Statute;
(v) to appeals against any decision reached under Part IV of this Statute; and
(vi) to appeals against any decision reached under Part VII of this Statute
and “appeal” and “appellant” shall be construed accordingly.
(b) No appeal shall however lie against –
(i) a decision of the Governing Body under clause 10(b) of this Statute;
(ii) any findings of fact by a Disciplinary Committee under Part III of this Statute, or by a Tribunal under Part VII of this Statute save where, with the
consent of the person or persons hearing the appeal, fresh evidence is called on behalf of the appellant at that hearing;
(iii) any medical finding by a Board set up under clause 23(c) of this Statute save where, with the consent of the person or persons appointed, fresh evidence is called on behalf of the appellant at that hearing.
(c) In this Part references to “the person appointed” are references to the person appointed by the Governing Body under clause 29 of this Statute to hear and determine the relevant appeal.
(d) The parties to an appeal shall be the appellant and the Warden and any other person added as a party at the direction of the person appointed.
27. A member of the academic staff shall institute an appeal by serving on the Warden, within the time allowed under clause 28 of this Statute, notice in writing setting out the grounds of the appeal.
28. (a) A notice of appeal shall be served within 28 days of the date on which the document recording the decision appealed from was sent to the appellant or such longer period, if any, as the person appointed may determine under sub-clause (c) of this clause.
(b) The Warden shall bring any notice of appeal received (and the date when it was served) to the attention of the Governing Body and shall inform the appellant that he or she has done so.
(c) Where the notice of appeal was served on the Warden outside the 28 day period the person appointed under clause 29 of this Statute shall not permit the appeal to proceed unless he or she considers that justice and fairness so require in the circumstances of the case.
29. (a) Where an appeal is instituted under this Part the Governing Body shall appoint a person described in sub-clause (b) of this clause to hear and determine that appeal subject to sub-clause (c) of this clause.
(b) The persons described in this sub-clause are
(i) the person who is the Visitor; or
(ii) persons not employed by the College holding, or having held, judicial office or being barristers or solicitors of at least ten years’ standing.
(c) The person appointed shall sit alone unless he or she considers that justice and fairness will best be served by sitting with two other persons.
(d) The other persons who may sit with the person appointed
shall be –
(i) one member chosen from amongst members of the Governing Body to whom this Statute does not apply; and
(ii) one other member.
30. (a) The procedure to be followed in respect of the preparation, consolidation, hearing and determination of appeals shall be that set out in By-laws made under this clause.
(b) Without prejudice to the generality of the foregoing such By-laws shall ensure –
(i) that an appellant is entitled to be represented by another person, whether such person is legally qualified or not, in connection with and at any hearing of his or her appeal;
(ii) that an appeal shall not be determined without an oral hearing at which the appellant and any person appointed by the appellant to represent him or her are entitled to be present and, with the consent of the person or persons hearing the appeal, to call witnesses;
(iii) that full and sufficient provision is made for postponements, adjournments, dismissal of the appeal for want of prosecution and for the correction of accidental errors; and
(iv) that the person appointed may set appropriate time limits for each stage (including the hearing itself) to the intent that any appeal shall be heard and determined as expeditiously as is reasonably practicable.
(c) The person or persons hearing the appeal may allow or dismiss an appeal in whole or in part and, without prejudice to the foregoing, may –
(i) remit an appeal from a decision under Part II of this Statute (or any issue arising in the course of such an appeal) to the Governing Body for further consideration as the person or persons hearing the appeal may direct; or
(ii) remit an appeal arising under Part III of this Statute for re-hearing or reconsideration by the same or by a differently constituted Disciplinary Committee to be appointed under that Part; or
(iii) remit an appeal from a decision under Part IV of this Statute for further consideration as the person or persons hearing the appeal may direct; or
(iv) remit an appeal by the Warden arising under Part VII of this Statute for re-hearing or reconsideration by the same or by a differently constituted Tribunal to be appointed under that Part; or
(v) substitute any lesser alternative penalty that would have been open to the Warden following the finding by the Disciplinary Committee which heard and pronounced upon the original charge or charges.
31. The person appointed shall send the reasoned decision, including any decision reached in exercise of his or her powers under clause 30 (c) (i) , (ii) , (iii) or (iv) of this Statute, on any appeal and a statement of any findings of fact different from those of the Governing Body under Part II of this Statute or of the Disciplinary Committee under
Part III of this Statute or of the Board under Part IV of this Statute or of the Tribunal appointed under Part VII of this Statute, as the case may be, to the Warden and to the parties to the appeal.
Part VI: Grievance Procedures
32. The aim of this Part is to settle or redress individual grievances promptly, fairly, and so far as may be, within the relevant area by methods acceptable to all parties.
33. The grievances to which this Part applies are those of members of the academic staff concerning their appointments or employment where those grievances relate –
(a) to matters affecting themselves as individuals; or
(b) to matters affecting their personal dealings or relationships with other staff of the College,
not being matters for which express provision is made elsewhere in this Statute.
34. (a) If other remedies within the relevant area have been exhausted the member of the academic staff may raise the matter with the Warden.
(b) If it appears to the Warden that the matter has been finally determined under Part III, IV or V of this Statute or that the grievance is trivial or invalid, he or she may dismiss it summarily, or take no action upon it. If it so appears to the Warden he or she shall inform the member and may inform the Governing Body accordingly.
(c) If the Warden is satisfied that the subject matter of the grievance could properly be considered with (or form the whole or any part of) –
(i) a complaint under Part III of this Statute; or
(ii) a determination under Part IV of this Statute; or
(iii) an appeal under Part V of this Statute
He or she shall defer action upon it under this Part until the relevant complaint, determination or appeal has been heard or the time for instituting it has passed and he or she shall notify the member accordingly.
(d) If the Warden does not reject the complaint under subclause (b) of this clause or if he or she does not defer action upon it under sub-clause (c) of this clause he or she shall decide whether it would be appropriate, having regard to the interests of justice and fairness, for him or her to seek to dispose of it informally. If the Warden so decides he or she shall notify the member and proceed accordingly.
35. If the grievance has not been disposed of informally under clause 34(d) of this Statute, the Warden shall refer the matter to a Grievance Committee for consideration.
36. The Grievance Committee shall comprise three Fellows of the College appointed annually by the Governing Body.
37. The procedure in connection with the consideration and determination of grievances shall be determined in By-laws in such a way as to ensure that the aggrieved person and any person against whom the grievance lies shall have the right to be heard at a hearing and to be accompanied by a friend or representative.
38 The Committee shall inform the Governing Body whether the grievance is or is not well-found and if it is well-found the Committee shall make such proposals for the redress of the grievance as it sees fit.
Part VII: Removal of the Warden from Office
39. Any five members of the Governing Body may make complaint to the Sub-Warden seeking the removal of the Warden from office for good cause.
40. The Sub-Warden shall refer such a complaint to the Governing Body, exclusive of the Warden and the members making the complaint. If it appears to the Governing Body that the complaint does not raise a prima facie case, or that it is trivial or invalid, it may determine that no further action shall be taken upon it.
41. If it appears to the Governing Body that the complaint raises a prima facie case and that this could, if proved, constitute good cause for the removal of the Warden from office, it shall appoint a Tribunal to hear and determine the matter.
42. The Tribunal appointed by the Governing Body shall comprise:
(a) an independent Chairperson; and
(b) one member chosen from amongst members of the Governing Body to whom this Statute does not apply; and
(c) one other member.
43. A charge referred to the Tribunal shall be dealt with in accordance with the procedure prescribed in clauses 17 to 19 of this Statute, provided –
(a) that the Sub-Warden shall perform any duty and exercise any power there assigned to the Warden; and
(b) that the only recommendation the Tribunal may make is whether or not the Warden should be removed from his or her office.
44. Where a charge or charges have been upheld and the Tribunal finds good cause and recommends dismissal, but in no other case, the Sub-Warden shall consult the Governing Body and may then dismiss the Warden.
45. Where a complaint is to be referred to a Tribunal under clause 41 of this Statute, the Sub-Warden may, if he or she considers that the College might otherwise suffer significant harm, suspend the Warden from his or her duties in all matters relating to the government and discipline of the College without loss of salary.
46. For the purpose of the removal of the Warden from his or her office for incapacity on medical grounds, the provisions of Part IV of this Statute shall have effect, provided that the Sub-Warden shall perform any duty or exercise any power there assigned to the Warden.
47. For the purpose of appeals by the Warden against removal from office, the provisions of Part V of this Statute shall have effect, provided that the Sub-Warden shall perform any duty or exercise any power there assigned to the Warden.
Statute XII – Provisions Relative to the University
General Powers of the Council
1. If at any time it appears to the Council of the University that any provision of these Statutes or of any other Statutes of the College in force for the time being, respecting the accounts of the College, or any other provision of such Statutes by the non-observance of which any interest of the University is liable to be prejudicially affected, is not duly observed, the Council may submit a representation to the Visitor; and the Visitor shall, upon receiving such representation, enquire into the matter, and after considering any representation made by the College, make such order therein as he or she shall deem just for enforcing the due observance of the said Statutes in the matter to which the representation shall relate.
Notice to the Warden
2. Before any representation is made under the foregoing provisions, the Vice-Chancellor shall communicate the matter of the proposed representation to the Warden for the information of the Governing Body, and when a representation is made shall forthwith send him or her a copy of it.
Consent of University
3. No Statute made by the Governing Body affecting the University shall be altered except with the consent of the University.
Statute XIII – Special Provisions
Alteration of Statutes
1. These Statutes shall be subject to alteration in the manner provided by the Universities of Oxford and Cambridge Act, 1923 or as amended from time to time. Any such alteration may include an alteration to a trust administered for purposes connected with the College:
(a) of which the College is the Trustee and has consented to the provisions of this Statute; or
(b) which was created by an instrument where not less than sixty years have elapsed since the endowment, benefaction or trust came into operation.
Status of Statutes
2. These Statutes are made wholly for St Antony’s College within the meaning of the Universities of Oxford and Cambridge Act, 1877, Section 30, as set out in the Schedule to the Universities of Oxford and Cambridge Act, 1923 or as amended from time to time.
Statute XIV – Interpretation
Provisions of the Charter to prevail
These Statutes shall take effect subject to the provisions of the Charter of the College and in the case of any inconsistency between these Statutes and any provision of the College’s Charter, the relevant provision in the College’s Charter shall prevail
Appendix I
Benefits and allowances that may be provided to the Warden
At the recommendation to the Governing Body by the Remuneration and Conflicts of Interest Committee, the Warden may receive certain benefits and allowances provided each such benefit or allowance is reasonable and falls within one of the types of benefit or allowance described below:
(a) Healthcare insurance for the Warden;
(b) Contributions on the Warden’s behalf to the Federated Superannuation System for Universities; the Universities Superannuation Scheme or such other pension scheme as is approved by the Governing Body;
(c) The right to dine at common table;
(d) Up to 12 High Tables per term;
(e) The right to share in and benefit from the use of the College’s facilities;
(f) Any other benefit that is permitted elsewhere by the Statutes; and
(g) Any other benefit that the Committee consider is necessary or reasonably incidental to his or her role in and as the Warden of the College.
Appendix II
Benefits and allowances that may be provided to the members of the Governing Body
(excluding the Warden)
At the recommendation to the Governing Body by the Remuneration and Conflicts of Interest Committee, the members of the Governing Body (other than the Warden) may receive certain benefits and allowances provided each such benefit or allowance is reasonable and falls within one of the types of benefit or allowance described below:
(a) Healthcare insurance for the Fellow;
(b) Contributions by the College on the Fellow’s behalf to the Federated Superannuation System for Universities; the Universities Superannuation Scheme or such other pension scheme as may be approved by the Governing Body;
(c) An entertainment allowance;
(d) A housing allowance;
(e) The right to dine at common table;
(f) Up to twelve High Tables per term;
(g) The right to share in and benefit from the use of the College’s facilities.
(h) Any other benefit that is permitted elsewhere by the Statutes; and
(i) Any other benefit that the Committee consider is necessary or reasonably incidental to their role in and as members of the College.
February 2011
ST ANTONY’S COLLEGE
By-Laws 2010
1. The Warden
The election of the Warden shall be invested in the members of the Governing Body other than the Warden and shall be conducted as set out in College Statute II.
1.1. Declaration
The person elected to the office of Warden shall sign the following declaration as soon as convenient, in the presence of at least two of the electors, who shall affix their signatures to the declaration as witnesses thereto:
“I, N.M., hereby declare that I will truly and faithfully discharge the duties appertaining to the office of Warden of St Antony’s College in the University of Oxford to which I have been duly elected.”
The election with the name of the person elected Warden shall be forthwith certified to the Visitor under the College Seal.
1.2. Term of Office
The person elected shall hold office from the day of his or her election or from the day upon which the office of Warden becomes vacant whichever be the later. The term of office shall last until retirement age or earlier if the Warden elects to vacate the office at an earlier date.
1.3. Restriction on Paid Offices and Employment
The Warden shall not be entitled to hold any paid office or employment other than that of Vice-Chancellor of Oxford University, without the permission of the Governing Body. Any request by the Warden to be permitted to hold a paid office or employment shall be circulated with the agenda papers for the meeting at which the request is to be considered.
1.4. Retirement
The retirement date for the Warden shall be the 30th September following his or her seventieth birthday.
1.5. Resignation
The Warden shall be entitled at any time to inform the electoral body, either by giving notice to each member in writing or at a meeting of the Governing Body, that he or she intends to vacate the Wardenship at a date which (except by the consent of the Governing Body) shall not be earlier than the last day of the ensuing Full Term. On receipt of such notification the electoral body shall be summoned as soon as may be under Statute II.2 to make arrangements for the election of a new Warden.
1.6. Absence of the Warden
So far as may be consistent with the due carrying on of the work of the College, the Governing Body may give leave of absence to the Warden for purposes of study or research, or for other sufficient reason; except that the Warden need not request leave for periods of absence which in aggregate do not exceed two weeks within any full term.
1.6.1. The Warden granted leave of absence under this clause shall be entitled to draw his or her full salary and allowances for a period of absence not exceeding 3 terms taken either singly or consecutively in each seven year period from the date of election. In other cases he or she may draw his or her salary and allowances in full or in part, or be granted leave without salary as the Governing Body shall in each case determine.
1.6.2. In the event of the Warden’s absence, or if the Warden being resident shall be temporarily incapable of performing his or her duties, the Sub-Warden shall during the absence or incapacity of the Warden perform the functions and exercise the powers of the Warden, and in the event of the death or resignation of the Warden, shall continue to perform such functions and exercise such powers until a new Warden assumes his or her office.
1.6.3. In the event of the Warden being ill or otherwise absent for a period in excess of eight weeks, or when the office of Warden is vacant for any reason, Governing Body may, if it so chooses, elect an Acting Warden to discharge the duties and exercise the powers of the Warden. The procedures for such an election will follow the pattern set down for the election of the Warden under College Statute II.
2. Governing Body
2.1. Membership
2.1.1. The academic members of Governing Body, Governing Body Fellows, are elected by the members of Governing Body including the Warden.
2.1.2. In addition to the Warden and the academic members of Governing Body the Bursar may be elected a Fellow of the College and become a member of Governing Body.
2.1.3. Governing Body Fellowships are tenable by persons as set down in Statute III 1(a).
2.1.4. No person disqualified under the Charities Act 2006 or its successor legislation may be a member of Governing Body.
2.2. Procedure for election
2.2.1. Governing Body shall determine who shall represent the College on a selection committee for a Governing Body Fellow. The College is represented on the electoral board for the election of Governing Body Fellows whose appointment depends on their appointment to a University post.
2.2.2. The Warden will submit a proposal for the election of a Governing Body Fellow to Governing Body if and when he or she considers such a proposal to be appropriate.
Such a proposal to Governing Body will always be supported by relevant information, including a curriculum vitae, which will be circulated with the appropriate agenda for a Stated General meeting of Governing Body. The admission shall be by the Governing Body at a closed Stated General Meeting on such terms as it sees fit. Any stipend or benefits shall be decided by Governing Body after considering the recommendation of the Remuneration and Conflicts of Interest Committee.
2.2.3. A Governing Body Fellow who holds a University post shall vacate his or her Fellowship and any office which he or she holds in the College on resigning or otherwise vacating his or her University post.
2.3. Meetings
2.3.1. There shall be at least six Stated General meetings of Governing Body during the academic year. These shall be held in each University Term, normally in Second Week and Eighth Week.
2.3.2. The Warden may at any time summon an Extraordinary General Meeting of the Governing Body and must do so if two or more members thereof request in writing that such a meeting be held.
2.3.3. Not less than five working days notice of every Stated General Meeting and of any Extraordinary General Meeting shall be given to the members of the Governing Body.
2.3.4. The Governing Body may from time to time in a Stated General Meeting make, alter and revoke any By-laws.
2.3.5. An alteration to the College Charter and/or Statutes may be proposed at a Stated General Meeting of the Governing Body and then confirmed at a further meeting of the Governing Body specially summoned for the purpose, provided that on each occasion at least two thirds of the members present shall vote in favour of it.
2.3.6. At any Governing Body Meeting all members of the Governing Body of the College shall be present. Any member unable to attend must give good reason in writing to the Warden.
2.3.7. Any Fellow who has a conflict of interest concerning any matter before the Governing Body shall declare that interest and shall withdraw from the meeting when that matter is being considered.
2.3.8. Any meeting of the Governing Body may be adjourned by resolution of the meeting, to a day to be specified in the resolution.
2.3.9. Governing Body may delegate any of its functions to sub-committees consisting of at least two members of the Governing Body. These sub-committees shall report to Governing Body as appropriate.
2.4. Quorum and voting rights
2.4.1. The business of the College may be dealt with at meetings of the Governing
Body provided at least half of the Governing Body exclusive of those members who have been granted leave of absence from the College for any reason shall have been present for items on the published agenda and at least two-thirds for items not on the published agenda (i.e. items added to the agenda under the heading “Any Other Business”).
2.4.2. Decisions shall be determined by simple majority of those present and voting except when changes are proposed to the Charter or Statutes when at least two thirds of the votes of those present and voting shall be needed to determine the matter.
2.4.3. In any vote on the re-election or the removal of a member such member shall not vote and shall not be counted in reckoning any necessary quorum or majority.
2.4.4. There shall be up to three representatives from the Graduate Common Room entitled to sit in attendance on Governing Body except for closed business.
2.4.5. The Governing Body may at a Stated General Meeting, provided that at least two-thirds of the members of the Governing Body are present when the motion is put, suspend the provisions of any of these By-laws.
2.5. Closed Meetings
Parts of Governing Body meetings may be closed, i.e. without Graduate Common Room representatives in attendance. Closed business is restricted to the appointment and/or remuneration of individuals, issues affecting the terms of employment and/or entitlements of Governing Body Fellows or other Senior Members generally, including matters relating to Emeritus Fellows, and staff and disciplinary matters and any other matter which the Governing Body shall from time to time determine.
2.6. Agenda and Minutes
2.6.1. The College Registry will be responsible for organising the preparation of Agenda papers for all Stated General Meetings in consultation with the Warden and the Bursar and for arranging for the taking of Minutes of all Stated General Meetings and ensuring that copies of all such notices and documents as are required by any Statute or By-Law are sent to the members of the Governing Body. The open meeting minutes, excluding the Warden’s announcements, commercially sensitive information and any confidential matters relating to named persons, will be published electronically.
2.6.2. An Agenda shall be sent to the Warden and each of the other members of the Governing Body not more than ten or less than three working days before each Stated General Meeting or Extraordinary General meeting. Such Agenda papers shall specify the items of the business to be transacted at the Meeting, and in particular, shall contain all motions to make, repeal or amend a Statute or By-Law, or motions for the election or re-election of Fellows entitled to membership of the Governing Body under College Statute III.1(a) and for the election of all other persons who shall be put forward for election to academic posts or other posts including those determined by Governing Body.
2.7. Financial matters
2.7.1. Governing Body reserves to itself approval of the annual budget and authorisation of any unbudgeted expenditure exceeding £5,000 and of any unbudgeted increase in the College’s personnel establishment.
2.7.2. No application or proposal for any grant of money shall be entertained at any Meeting, unless reasonable notice thereof shall have been given to the Warden or Bursar.
2.7.3. Governing Body may out of Corporate Revenues not required for the purposes of the Statutes set apart from time to time such a sum as it may think fit to form a reserve fund for new College buildings or repairs to College buildings, or for acquiring or providing houses or buildings to be occupied and used in connection with the College and for College purposes, or for other desirable or necessary expenditure for College purposes provided that the sum so set apart in any year shall not be allowed as a deduction from the sum upon which the contributions of the College for University purposes in that year are assessed.
3. Academic appointments
3.1. Election
All academic appointments to the College will be decided by Governing Body which may elect such persons as it considers fit to be Fellows of the College with due account being taken of entitlements under the University Statutes and Decrees.
3.2. Categories of membership or association
Governing Body has established clear criteria for each category of membership or association with the College and will receive recommendations from the Management Executive Team which will apply those criteria in deciding whether to recommend a particular appointment to Governing Body.
3.3. Stipends and Benefits of Fellows
3.3.1. The Governing Body shall determine the stipends and benefits of all members of Governing Body after receiving recommendations from the Remuneration and Conflicts of Interest Committee as set out in College Statute V(4).
3.3.2. No Fellowship except an Honorary or an Emeritus Fellowship shall be tenable with a Headship of a College of Private Hall or with a Fellowship (other than an Honorary or an Emeritus Fellowship) in any other College or Private Hall.
3.4. Categories of non-Governing Body Fellowships
The various categories of such non-Governing Body Fellowships are:
3.4.1. Emeritus Fellowships
The Governing Body may at any Stated General Meeting by the votes of not less than two thirds of those present and voting elect to an Emeritus Fellowship any person who has held the office of Warden or who, having been a member of Governing Body has either (a) been a Governing Body Fellow for at least five years if their leaving the College coincides with their retirement or (b) been a Governing Body Fellow for at least fifteen years.
An Emeritus Fellow shall receive no stipend from the College and shall not be eligible for membership of the Governing Body, but he or she shall be entitled to enjoy such privileges and advantages as the Governing Body shall from time to time determine.
3.4.2. Honorary Fellowships
The Governing Body may at any Stated General Meeting by the votes of not less than two thirds of those present and voting elect to Honorary Fellowships one or more distinguished persons who have a close connection with the College or have excelled in fields of interest to the College or have rendered outstanding service to the College or could be expected to render such service in the future.
Honorary Fellows shall not receive any pecuniary emolument but shall be entitled to enjoy such other privileges and advantages as the Governing Body shall from time to time determine.
3.4.3. Foundation Fellowships
The Governing Body may at any Stated General Meeting by the votes of not less than two thirds of those present and voting elect to a Foundation Fellowship any person who has made, or is expected to make, a significant financial contribution to the College or to the funding of new or ongoing programmes or posts.
Foundation Fellows shall not receive any pecuniary emolument but shall be entitled to enjoy such other privileges and advantages as the Governing Body shall from time to time determine.
3.4.4. Research Fellows
Research Fellows shall normally be elected for not more than one year in the first instance and may be re-elected for not more than two further years at the discretion of the Governing Body. However, should it be a condition or expectation of any grant supporting such a Fellow that the Fellowship should be co-terminous with the grant The Fellow may, at the discretion of the Governing Body, be elected for a period not exceeding five years.
The Governing Body may designate such Fellowships as “Junior” as the circumstances warrant.
The Governing Body shall determine the stipend and allowances attached to a Research Fellowship or they may be elected without stipend.
3.4.5. Visiting Fellows
Any person of academic distinction not holding a University or College appointment at Oxford University may be elected as a Visiting Fellow. The election shall normally be for up to one year in the first instance and may be renewed for further periods of up to one year at a time provided that no Fellowship shall be tenable for more than three years in all. However, should it be a condition or expectation of any grant supporting such a Fellow that the Fellowship should be co-terminous with the grant. The Fellow may, at the discretion of the Governing Body, be appointed for a period not exceeding three years.
The Fellow shall receive such stipend as the Governing Body shall determine or he or she may be elected without stipend.
3.4.6. Associate Fellows
Any person not holding a University or College appointment at Oxford University. The election shall be for such period not exceeding three years as the Governing Body may determine and shall be renewable for further periods not exceeding three years in any instance.
Associate Fellows shall receive such stipend as the Governing Body shall determine or may be elected without stipend.
3.4.7. Senior Associate Members (SAMs)
Senior Associate Members may be elected by the Governing Body on the recommendation of the Management Executive Team.
Senior Associate Members are usually academics on sabbatical leave, who wish to come to the College to work within the regional Centres and/or with particular Fellows for varying periods of time from one term to one academic year.
Those wishing to be considered for Senior Associate Membership will need to have sponsorship from a Governing Body Fellow and initial contact should be made via the individual Fellow, to whom an up-to-date curriculum vitae and a brief outline of the research proposal should be sent.
The College charges a membership fee for SAMs which provides access to College facilities and some University facilities, including the Bodleian Library. There are no research funds for SAMs and individuals must be entirely self-financing.
The College also has a limited number of Senior Common Room Members and Guest Members who are nominated by Governing Body Fellows and approved by Governing Body on the recommendation of the Management Executive Team.
3.5. Leave of Absence for Fellows
3.5.1. So far as may be consistent with the due carrying on of the work of the College, the Governing Body may give leave of absence to any Fellow of the College for purposes of study or research, or for other sufficient reason; except that any Academic Governing Body Fellow of the College need not request leave for periods of absence which in aggregate do not exceed two weeks within any full term.
3.5.2. Any Fellow who is granted leave of absence under this clause shall be entitled to draw his or her full salary and allowances for a period of absence not exceeding 3 terms taken either singly or consecutively in each seven year period from the date of election. In other cases he or she may draw his or her salary and allowances in full or in part, or be granted leave without salary as the Governing Body shall in each case determine.
3.5.3. The Governing Body may at any Stated General Meeting give leave of absence on grounds of health to any Fellow of the College for such period and upon such terms as to the retention by the applicant of the whole or any portion of his or her stipend as it may think fit, provided that such leave shall not be granted in the first instance for a period of more than one year but may be renewed for a further period or periods not exceeding two years in all.
3.6. Academic Staff Discipline
3.6.1. Disciplinary process
If any Fellow is alleged to be guilty of grave immorality or misconduct or persists in disobeying any of the Statutes or By-laws of the College a disciplinary process may be instituted. The procedure to be followed in respect of the preparation, hearing, and determination of charges by a Disciplinary Committee shall be as prescribed under College Statute XI Part III 18 (a) to (e).
After the disciplinary procedures have been carried out, the member of the academic staff may be exonerated, or if the allegation is confirmed, will be subject to a penalty which in the case of a Fellow may include being deprived of his or her Fellowship.
3.6.2. Appeals
The procedure to be followed in respect of the preparation, consolidation, hearing and determination of appeals shall be as prescribed under College Statute XI Part V 30 (b) (i) to (iv).
3.7. Incapacity on Medical Grounds
The procedure in respect of the preparation, hearing, and determination of a case by a Medical Board shall be as prescribed under College Statute XI Part IV 23 (d) (i) to (iv).
3.8. Grievance procedures
3.8.1. If grievances cannot be disposed of informally, the Warden shall refer the matter to a Grievance Committee. The Grievance Committee shall comprise three Fellows of the College appointed by the Governing Body.
3.8.2. The procedure in connection with the consideration and determination of grievances shall ensure that the aggrieved person and any person against whom the grievance lies shall have the right to be heard at a hearing and to be accompanied by a friend or representative as prescribed under College Statute XI Part VI 32 to 38.
4. The Management Executive Team
4.1. Introduction
4.1.1. There shall be a Management Executive Team responsible for the preparation of the budget, day to day administrative issues and the recommendations for academic appointments.
4.1.2. Any Governing Body Fellow has the right to make representations on any issue either to the Management Executive Team member with the appropriate portfolio or indeed to any Management Executive Team member. In addition any Governing Body Fellow has the right to write a paper for consideration by the Management Executive Team.
4.1.3. The Management Executive Team shall normally meet six times between the beginning of noughth week and the end of ninth week.
4.2. The Membership of the Management Executive Team
4.2.1. The membership of the Management Executive Team shall be composed of:
- The Warden (Chair) ex-officio
- The Sub-Warden (Vice Chair) ex-officio
- The Senior Tutor ex-officio
- The Dean and Tutor for Admissions ex-officio
- A Governing Body delegate for Finance and Library Fellow ex-officio
- The Bursar ex-officio
- A representative elected by the Graduate Common Room.
4.2.2. The Sub-Warden shall be appointed on the basis of seniority.
4.2.3. The Senior Tutor, the Dean and Tutor for Admissions, and the Governing Body Delegate for Finance are elected. Their term of office will normally be for two years but to maintain continuity the objective is that a maximum of two should be elected in any one year, with the other being coterminous with the Sub-Warden. A term of office is only renewable once.
4.2.4. All Governing Body Fellows are eligible for election to the Management Executive Team except:
4.2.4.1. Those who are due to retire during the term of office of the post for which the election is being held.
4.2.4.2. Those who have been given leave of absence for more than one Term during the term of office of the post for which the election is being held.
4.2.4.3. Those who have already been elected to the Management Executive Team and whose term of office partly or wholly overlaps that of the post for which the election is being held.
4.2.4.4. Those who have just served two terms of office on the Management Executive Team.
4.3. Election procedure
4.3.1. The election is for the specific office or offices for which there is a vacancy.
4.3.2. Elections should be held two terms in advance of a vacancy arising in order to give those taking on these positions time to plan their commitments e.g. the election for a vacancy arising in Michaelmas Term would take place in the preceding Hilary Term. New members of the team take up their positions on the Monday of noughth week in the relevant term.
4.3.3. When a new Dean and Tutor for Admissions, Senior Tutor or Governing Body Delegate for Finance has to be appointed, the Bursar will prepare an eligibility list and will pass it to the Warden and the Chair of the Nominating Committee. After consulting the Chair of the Nominating Committee, the Warden will send the eligibility list to all Governing Body Fellows and will invite those who are interested in standing for the post and all those who wish to nominate another Fellow to so inform the Chair of the Nominating Committee; in cases where a Fellow is nominating another they should confirm that their nominee is willing to stand. If no Fellow expresses an interest in the post, the Chair of the Nominating Committee, with the support of the other members of the Committee (one of whom is the Warden ex officio), will encourage one or more Fellows to stand for the post.
4.3.4. As soon as it has been established which Fellows are ready to stand for election to the post, the procedure will be as follows:
4.3.5. If only one Fellow has expressed an interest, no election will be necessary and the Chair of Nominating Committee will propose to Governing Body that the Fellow be appointed to the post.
4.3.6. If more than one Fellow has expressed an interest, an election will take place in Governing Body.
4.3.7. Where elections for more than one office are being held on the same occasion the elections should take place sequentially so that the successful Fellow can be excluded from the second election e.g. if there were vacancies for both Senior Tutor and Governing Body Delegate for Finance the election for Senior Tutor should take place before that for the Governing Body Delegate for Finance.
4.3.8. The administrative arrangements for the election are dealt with by the Bursar. At each election in the case of the leading candidate getting 40% or more of the votes cast he or she shall be elected to the post. If the leading candidate gets less than 40% of the votes cast there shall be a run-off between the two or more (if there are ties in voting) leading candidates.
4.4. Remuneration
In order to reflect their increased responsibilities a Management Executive Team allowance shall be paid to the Sub-Warden, the Senior Tutor, the Dean and Tutor for Admissions, and the Governing Body Delegate for Finance as recommended by the Remuneration and Conflicts of Interest Committee and approved by the Governing Body. Each office-holder has the option of surrendering all or part of their allowance to employ research assistant time. These allowances are in addition to any other allowances the member of the Management Executive Team shall already receive as a Governing Body Fellow of the College as determined by the Statutes of the College.
4.5. Closed Meetings
Parts of Management Executive Team meetings may be closed, i.e. without Graduate Common Room participation.
Closed business is restricted to the appointment and/or remuneration of individuals, issues affecting the terms of employment and/or entitlements of Governing Body Fellows or other Senior Members generally, including matters relating to Emeritus Fellows, and staff and disciplinary matters.
4.6. Decision making
4.6.1. The Management Executive Team will apply the relevant criteria set by Governing Body in deciding whether to recommend a particular appointment to Governing Body.
4.6.2. It is intended that the Management Executive Team will normally reach a conclusion to its deliberations by consensus rather than by vote. In the event that the Chair considers voting to be necessary, the Graduate Common Room representative on the Management Executive Team has a vote in open business.
4.6.3. Delicate issues relating to the employment terms of particular individuals are not suitable for debate in Governing Body even in closed business. However, Governing Body with its legal responsibilities for the College has a legitimate interest in ensuring that such issues are correctly handled. Governing Body delegates such issues to the Management Executive Team. When the Management Executive Team has addressed such an issue and satisfactorily resolved it, all that it should report to Governing Body is the satisfactory resolution of the issue and not details of the solution. If, exceptionally, the Management Executive Team fails to resolve such an issue satisfactorily and there is the likelihood of an ongoing dispute then the Management Executive Team will refer the matter to Governing Body.
4.6.4. The Management Executive Team shall be asked to recommend to the Governing Body the association with the College of a project or post when detailed terms have become apparent but before any detailed memorandum of understanding or agreement has been issued by a Centre or Fellow, or signed on behalf of the College. Governing Body will then make the decision on whether the post or project shall be associated with the College.
4.7. Sub-committees
There will be no permanent sub-committees but in order to relieve the load on the Management Executive Team, to make best use of the expertise of College members and to introduce new Fellows into College administration, the Management Executive Team and the Governing Body have the delegated authority to create temporary sub-committees to advise on specific matters. A sub-committee will normally consist of no more than three members chosen by the Nominating Committee but will also where appropriate include a Graduate Common Room representative as a full member of the subcommittee with voting rights. Once a sub-committee has completed its report on the issue which had been referred to it, it will cease to exist.
4.8. Graduate Common Room representation
4.8.1. The Graduate Common Room shall select three Graduate Common Room representatives who have the right to attend the Management Executive Team, but only one of those representatives attends the Management Executive Team at any one meeting as a full member. However, that one Graduate Common Room representative is entitled to invite any elected Graduate Common Room officer who has a particular expertise or responsibility to be in attendance for the relevant part of a meeting.
4.8.2. The Graduate Common Room representatives all receive agenda for both open and closed business in advance of meetings and receive open minutes subsequently. There is a constraint of confidentiality on the Graduate Common Room representatives only when imposed by the Chair of the Management Executive Team, for example because confidentiality had been imposed on the College by a third party; in all other circumstances the Graduate Common Room representatives are free to inform the Graduate Common Room executive and members (but not any person outside the College) of Management Executive Team proceedings.
4.8.3. The Graduate Common Room executive has the same right to present papers for consideration by the Management Executive Team as Governing Body Fellows.
4.9. The Administration and the Management Executive Team
Senior Administrative Officers (SAOs) are closely involved in the working of the Management Executive Team. SAOs are normally invited to be present at Management Executive Team meetings when important issues concerning their areas of the administration are discussed. In addition the Accountant, College Registrar, Head of Operations and Estates, IT Manager, Librarian and Development Director will provide a report to one Management Executive Team meeting each term.
5. Standing Committees
5.1. Nominating Committee
The Nominating Committee is independent of the Management Executive Team. Its Chair and one other member are chosen by the Governing Body. The Warden is also a member but does not act as the Chair. When a sub-committee is required the Nominating Committee will normally be responsible for its composition.
5.2. The Remuneration and Conflicts of Interest Committee
5.2.1. The Remuneration and Conflicts of Interest Committee shall comprise at least three Emeritus Fellows of the College appointed annually by the Governing Body. The Warden, Bursar and the Governing Body Delegate for Finance may be in attendance at meetings of the Committee provided they have no conflict of interest.
5.2.2. Members of the Committee shall not be entitled to a stipend, but shall be entitled to claim reasonable expenses for travel, subsistence and administrative costs actually incurred as a necessary part of their duties
5.2.3. Governing Body will decide which matters shall be referred to the Committee for consideration. The Committee shall then meet as necessary, but at least once during the academic year, to review stipends and benefits.
5.2.4. The Committee shall be responsible for making recommendations in writing to the Governing Body as set out in College Statute V.4.
6. College Officer Responsibilities
6.1. The Senior Tutor is responsible for all the academic affairs of students within the College. Specific duties include: allocation of College advisers; reading students’ reports and alerting College advisers to students who appear to be having problems; holding an office hour normally twice a week during term; allocating grants from travel funds each term; participating in the scholarship selection process; filling in the College section of students’ applications for University grants and suspension/extension of status; being available at short notice to students who are in distress in relation to their work.
6.2. The Dean and Tutor for Admissions is responsible for all the non-academic affairs of students within the College. Specific duties include: office hour once a week during term; overseeing the smooth running of all student events within the College; dealing with matters of student discipline and security. In his or her capacity as the Tutor for Admissions he or she is responsible for reviewing applications forwarded from Departments/Faculties in order to fill any quotas set by the Management Executive Team.
6.3. The Governing Body Delegate for Finance takes an overview of all the financial issues on the agenda, including liaison with the Bursar, Head of Operations and Estates and Accountant about specific financial issues on which the Management Executive Team has to take a decision and/or would like further information. He or she is also the Library Fellow and as such maintains close liaison with the Librarian.
6.4. The Sub-Warden serves as Senior Members’ Fellow and assists/stands in for the Warden as requested, mostly for ‘ceremonial’ duties and performs various ad hoc assignments for the Management Executive Team. The Sub-Warden would be expected to perform all the duties of the Warden if the latter were incapacitated or absent for an extended period. The Sub-Warden shall receive all nominations for academic appointments (which must include the sponsor’s name, a letter of recommendation and curriculum vitae and must be submitted by a specified date) and makes recommendations to Management Executive Team. The Team shall then recommend its decisions to Governing Body at a Stated General Meeting.
6.5. The Bursar shall have the care of the property and expenditure of the College and shall act therein under such stipulations as may from time to time be made by the Governing Body.
6.6. Centre Directors are appointed to oversee the workings of the academic centres within the College. In order to reflect their increased responsibilities an allowance may be paid to Centre Directors at the recommendation of the Remuneration and Conflicts of Interest Committee and approved by the Governing Body.
6.7. If any Officer of the College has a conflict of interest concerning the performance of any duties or the exercising of any powers, he or she shall declare that interest and the Governing Body shall appoint an alternate person to carry out such duties or powers.
7. The Students
7.1. The Governing Body shall determine the subject areas which students of the College may study.
7.2. Offers of Studentships shall be made by the Tutor for Admissions.
7.3. A Student entitled to take a Degree in the University shall proceed to his or her first Degree at the earliest convenient opportunity after his or her election, if he or she has not already done so.
7.4. A Student admitted to the College shall undertake study for a Higher degree in the University of Oxford.
7.5. Every Student shall keep full terminal residence unless for some good reason to be approved by the Warden or Senior Tutor.
7.6. No Student who shall not have resided during any Term shall, unless by special permission of the Governing Body, receive for that Term any part of the emoluments of his or her Scholarship.
7.7. The retention by a Student of the College of any office or duties, whether remunerated or not, which are declared by the Governing Body to be inconsistent with the proper fulfilment of his or her obligations as a Student shall be deemed to be inconsistent with the position of a Student of the College.
7.8. The award of scholarships shall be decided by the Warden, the Senior Tutor and other appropriate individuals.
7.9. Visiting Students may be admitted to the College for postgraduate studies of up to one year.
7.10. There shall be a Graduate Common Room.
7.10.1. All students are entitled to membership of the Graduate Common Room but may opt out if they so wish.
7.10.2. The Graduate Common Room shall maintain a written Constitution which shall be approved by Governing Body.
7.10.3. There shall be a financial agreement between the Graduate Common Room and the College. The Graduate Common Room shall submit a budget and accounts to Governing Body annually.
8. Student Discipline
8.1. There shall be a Code of Conduct for Student Discipline for all students at St. Antony’s College.
8.2. This Code may be amended from time to time by Governing Body and shall be made available to all students of the College on their admission.
8.3. The Code shall include:
8.3.1. Definitions of various categories of student misconduct.
8.3.2. A comprehensive description of the process for dealing with cases of misconduct including the composition and terms of reference of the Joint Disciplinary Committee.
8.3.3. The penalties that can be imposed if a student is found guilty of misconduct.
8.3.4. The process whereby a student found guilty of misconduct may appeal.
8.4. In the event of a student appeal being unsuccessful, the student will be advised in writing of the possibility of further appeal to the Conference of Colleges Appeals Tribunal or the Office of the Adjudicator for Higher Education or any other body set up for the purpose of hearing appeals.
9. Harassment (including Bullying)
9.1. There shall be a Code of Practice on Harassment (including Bullying) which shall apply to all Fellows, staff and students at St. Antony’s College.
9.2. This Code may be amended from time to time by Governing Body and shall be made available to all members of the College on their admission.
9.3. The Code shall include
9.3.1. The College’s policy on harassment.
9.3.2. Guidance for anyone who believes they are or have been the subject of harassment including bullying.
9.3.3. The procedures for investigating a complaint under the Code.
9.4. The College’s disciplinary process may be invoked if the investigation reveals that there is a case to be answered. The nature of any disciplinary proceedings will depend upon whether the alleged harasser is a senior member, member of staff or student.
10. Use of Hall, Common Rooms, etc.
10.1 Ordinary Members of Common Room
The Warden, Governing Body Fellows, other senior members of the College, Students, SCR members and guest members shall be members of the Common Room.
10.2. Elections
Notice of a proposal to elect to membership of Common Room shall be given at a meeting of the Governing Body and shall be considered not less than fourteen days later. The Governing Body when making an election will determine the period during which the person elected may retain his or her membership.
10.3. Guests
Regulations governing the bringing of guests to High Table shall be made from time to time by the Governing Body. Guests will be charged for at the rates fixed from time to time.
11. Form and Audit of College Accounts
11.1. Trust Accounts
Separate Accounts shall be kept of all property held in trust for any purpose other than the general purposes of the College, and of receipts and payments in respect of such property.
11.2. Statement of Accounts
11.2.1. The Auditor shall report in writing to the Governing Body whether the accounts of the College are duly kept in proper books of accounts and in conformity with the provisions of College Statute VII and whether the Accounts and Balance Sheets prepared pursuant to the provisions of this Statute contain a full and true account of the financial conditions of the College. It shall be lawful for, and the duty of, the Auditor to report specially as to any payment which he or she may judge to have been made without sufficient authority.
11.2.2. A Statement of Accounts showing the Income and Expenditure of the College, together with that of all Trust Funds under the management of the College, duly audited and attested shall be printed and presented each year to every member of the Governing Body in the agenda papers for the Stated General Meeting at which the Governing Body have determined that the accounts of the College shall annually be considered.
11.3. Communication to the Registrar of the University
The Governing Body shall, in delivering such information, comply with the requirements of the Statutes and Regulations of the University in relation to the date on or before which such information shall be delivered to the Registrar of the University, the forms of the statements in which it shall be shown, and the certificate accompanying such forms, and the certificate shall be signed by the Auditor of the College.
11.4. Communication to the Finance Division of the University
The Governing Body shall, on or before such date as may be prescribed by Statute or Regulation of the University, furnish to the University such information as may be required for determining any amount to be paid by the College to the University as a contribution for University purposes under any Statute of the University made or to be made under the powers of the Universities of Oxford and Cambridge Act, 1923 or as amended from time to time.
12. Powers of Investment
The College may appoint an Investment Manager. The College shall take reasonable steps to satisfy itself when making any such appointment that its terms are in accordance with best practice at the relevant time and that (in particular) the reporting and accounting procedures are sufficient to ensure that the College always has adequate information as to an appropriate control over the investments and funds (or other assets of whatever nature) to which the appointment relates. The College seal shall not be affixed to any document by the Investment Manager and this By-law shall not affect Statute V.3.
The terms of appointment of any Investment Manager shall be in writing and shall:
12.1. specify the relevant investment policy of the College and the scope of the Investment Manager’s discretion; and
12.2. require the Investment Manager to comply with the Statutes, the relevant University Statutes and the general law (including any provision relating to the keeping and supply of records and accounts); and
12.3. prohibit the Investment Manager from sub-delegating or assigning his or her appointment; and
12.4. specify the amount and/or method of calculation of the Investment Manager’s remuneration; and
12.5. entitle the College to terminate the appointment at any time on reasonable notice; and specify the other circumstances in which the appointment may be terminated by either party and (subject to earlier termination) its maximum duration which shall not exceed 12 months on any one occasion (but subject if so specified to renewal from time to time by mutual agreement); and
12.6. specify the relevant advisory reporting and accounting procedures; and
12.7. state whether or not the investments may be held on behalf of the College in the name of a nominee and (if so) on what basis and by whom.
13. The Visitor – Provisions of the Education Reform Act of 1988
In accordance with the provisions of the Education Reform Act 1988 or as amended from time to time, nothing in the College Statutes or By-laws shall enable or require the Visitor:
13.1. to hear any appeal or determine any dispute relating to a member of the academic staff to whom Statute XI applies which concerns the member’s appointment or employment or the termination of that appointment or employment; or
13.2. to disallow or annul any By-law made under or having effect for the purposes of
Statute XI.
14. Codes of Practice
All the business of the College shall be conducted taking into account the College’s Codes of Practice and Policies as introduced and amended from time to time.
15. Notice of Change to Charter or Statutes
Every proposal for a change in the Charter or in the Statutes of the College in force for the time being shall be communicated to the University before it is submitted for the approval of Her Majesty in Council, and the Governing Body, in forwarding the Special Statute or Statute for such approval, shall state expressly that it has been so communicated.
16. Status of the By-laws
These By-laws shall take effect subject to the provisions of the Statutes of the College and in the case of any inconsistency between these By-laws and any provision of the College’s Statutes, the relevant provision in the College’s Statutes shall prevail.
17. Amendments to Statutes or By-laws
There shall be a standing item on the agenda of the Management Executive Team meeting in Trinity Term to consider if any amendments to the Statutes or By-laws are required. The Management Executive Team will make recommendations to Governing Body.
01/08/2011